Tanzania’s Personal Data Protection Act: A Harbinger for the Realisation of the Right to Privacy?

Abstract

Protecting privacy is critically important, as it is a fundamental part of personal freedom and dignity. In an era marked by increasing digital connectivity, safeguarding this right has become even more crucial. Although Tanzania has enshrined the right to privacy in its Constitution for many years, it did not have a data protection law until 2022. This article examines whether the Personal Data Protection Act (PDPA) effectively promotes the realization of the right to privacy. Using a doctrinal legal research approach, it evaluates the PDPA’s effectiveness against internationally recognised data protection standards, with a focus on principles, rights, and limitations. The evaluation reveals that while the PDPA represents a significant advancement in safeguarding the right to privacy, it also has the potential to undermine it. This is because it incorporates fundamental principles and rights related to personal data, alongside vague limitations that could compromise the right to privacy. Consequently, the PDPA appears to grant the right to privacy on one hand, while taking it away with the other. Therefore, this paper recommends amending the PDPA to enhance its role in safeguarding the right to privacy in Tanzania.